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THE SUPREME COURT WILL LOOK INTO THE POSSIBILITY OF INDEXATION IN BANKRUPTCY

The Company filed a lawsuit to recover funds from the company under the investment agreement (case no. A56-66253/12). The claim was satisfied by the courts, but a bankruptcy case was initiated against the defendant. The plaintiff appealed to the court with an application for indexation of the awarded amounts, which was satisfied by the courts of three instances. The Supreme Court of the Russian Federation referred the company's complaint to the judicial board, reflecting in the definition the arguments of the cassator that since the introduction of bankruptcy proceedings against the debtor, indexing is not applied....

THE SUPREME COURT REJECTED A $10 MILLION LAWSUIT AGAINST THE BANKRUPTCY TRUSTEE

... claim for recovery of funds from the manager by way of recourse, referring to the fact that in the framework of the debtor's bankruptcy case, losses were recovered from the manager for violating the procedure for settlements on utility bills, and the ... ... claim, pointing out that the manager's guilt in causing losses was established by a judicial act that entered into force. The Supreme Court of the Russian Federation, refusing to satisfy the claim, noted that the above–mentioned judicial act did not establish ...

THE SUPREME COURT ASSESSED THE DISCOUNT IN THE SETTLEMENT AGREEMENT, TAKING INTO ACCOUNT THE BANKRUPTCY OF ONE OF THE PARTIES

The Supreme Court considered a complaint in the case of challenging the settlement agreement (No. A56-3724/20). As part of the dispute ... ... defendant would voluntarily transfer funds to the plaintiff to satisfy his claims. Subsequently, the plaintiff was declared bankrupt, and his manager tried to challenge this settlement agreement, believing that the debtor received less under this agreement ...

SUPREME COURT INTERESTED IN FAKE LOAN IN BANKRUPTCY CASE

On May 25, 2023, the Economic Board of the Supreme Court of the Russian Federation will consider the complaint of the bankruptcy trustee in the bankruptcy case of the management company "Dom-Master" (No. A40-274335/2019). It refers to a loan agreement that was concluded by the head of the organization, Vladimir Fokin, in order to close the criminal case brought ...

THE SUPREME COURT FOUND PREMATURITY IN THE COMPLETION OF THE BANKRUPTCY OF ANGSTROM INVEST

On December 26, 2022, the Economic Board issued a ruling on case no. A40-81667/2019. The complaint was sent to the Supreme Court of the Russian Federation by Zenit Bank, which is one of the two creditors of Angstrom Invest. The credit institution ... ... indicated in the register. And although the arbitration initially rejected the firm's application, the appeal then satisfied it. The bankruptcy process was terminated in 2022, and the courts considered the creditors' claims satisfied, referring to the provisions ...

THE SUPREME COURT HAS ESTABLISHED WHO PROVES THE GRATUITOUSNESS OF PAYMENT IN BANKRUPTCY CASES

The manager appealed against 11 transfers of the insolvent company, however, lost the case. So, he failed to document that the debtor received nothing in return. The Supreme Court of Russia sent the case for review, it follows from the file of arbitration cases. The court came to this decision in the bankruptcy case of the organization "Pirita" with the manager Sergey Spiryakin. The debtor made 11 transfers to the Trading House World-Trade organization, Spiryakin asked to recognize them as invalid. We are talking about transactions totaling ...

THE SUPREME COURT ORDERED THE FOUNDER TO PAY FOR THE BANKRUPTCY PROCEDURE OF HIS COMPANY

If the bankrupt company does not have the funds to finance the procedure, then the founders are obliged to pay for the auction, the services of the manager and other court costs. The corresponding decision was made by the Supreme Court (SC) in the case of the insolvency of LLC "Tevos". So, its founder was obliged to pay for the bankruptcy procedure of the company. The company filed for its own bankruptcy in November 2018. The Arbitration Court of the Arkhangelsk ...

SUPREME COURT : THE PARTICIPANTS OF THE DEBTOR-BANKRUPT HAVE PRIORITY TO SATISFY THE CLAIMS

In the framework of the company's bankruptcy case (case no. A40-23687/17), the former participant of the debtor applied to the court for the resolution of disagreements ... ... participants of the debtor, and his claim should be repaid in the general order of distribution of the liquidation quota. The Supreme Court of the Russian Federation did not agree with this approach and noted that the procedure for satisfying the claim ...

AFTER THE BANKRUPTCY IS COMPLETED, THE PERFORMANCE FEE MUST BE PAID

... requirements of the enforcement document on the recovery of debt from the debtor in favor of the creditor. Subsequently, bankruptcy proceedings were initiated against the debtor, which was subsequently terminated in connection with the approval of ... ... the end of the main enforcement proceedings, but from the moment of the decision on the collection of the enforcement fee. The Supreme Court of the Russian Federation annulled the appeal and cassation rulings, pointing out that if the enforcement fee is ...

THE SUPREME COURT TIGHTENS THE RULES FOR ADVANCING BANKRUPT TRADES

If the participant of the failed auction refuses to conclude the contract, the deposit will not be returned. This conclusion was reached by the Supreme Court of the Russian Federation when considering a cassation appeal in the framework of a dispute on recovery in favor of the sole bidder held in the framework of the bankruptcy case of the deposit (case No. A56-16535/20). The plaintiff transferred the deposit to participate in the auction for the sale of the property of the insolvent debtor. The auction was declared invalid due to the admission of one participant ...

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